HomeMy WebLinkAbout497786 MARTIN MARIETTA MATERIALS - PURCHASE ORDER - 9142209PO
PURCHASE ORDER 914220er Page
City of PURCHASE
9142209 ' of z
�} COI I' n `+ This number must appear
` {,` 1'J on all invoices, packing
sli s and labels.
Date: 04/18/2014
Vendor: 497786
Ship To:
STREETS DEPARTMENT
MARTIN MARIETTA MATERIALS
CITY OF FORT COLLINS
1800 N TAFT HILL RD
625 NINTH STREET
FORT COLLINS CO 80521
FORT COLLINS CO 80524
Delivery Date: 04/18/2014
Buyer:
JOHN STEPHEN
Note:
Line Description
Quantity
Ordered
UOM Unit Price
Extended
Price
1 2014 Asphalt Contract
1 LOT
LS
2,545,345.36
PER TERMS AND CONDITIONS OF BID 7222
AND AGREEMENT DATED MARCH 31, 2014
2 2014 Asphalt Contract
1 LOT
LS
2,646,907.49
City of Fort Collins Director of Purchasing and Risk Management
This order is not valid over $5000 unless signed by Gerry S. Paul
City of Fort Collins Purchasing, PO BOX 580, Fort Collins, CO 80522.0580
Phone:970-221-6775 Fax: 970-221-6707 Emeil:purchasing@fcgov.com
Total $5,192,252.85
Invoice Address:
City of Fort Collins
Accounting Department
PO Box 580
Fort Collins, CO 80522-0580
Page 2 of 2
1. COhBAERCIAL DETAILS.
Test sempdrm. By shale The City of FortCollin is exempt from state and local axe. Our Exemption Number is
9g 4502. Federal Fame Tex Exemption Certificates of Registry 84-6000587 is registered with the Collector of
fnmwl person , Denver, Cotoredo (Ref Colorado Revised Sumter 1973, Chapter 39-26, 114 (a).
Goods Rejected GOODS RETECPED Tim to Plum to meet apecifiegon, either whom shipped or due in defect of
damage in wise% may be removed h you for credit and me not to he replaced except upon receipt of written
wasstioru from the City ofFon Collins.
Inspection. GOODS see subject tow City airport Collins inspection an emiwl.
Find Acceptance. Receipt of the merchandise, surnisce or commerical in m,am to Nis rider an taut, in
mahoma d payment an IN pert of the City of Fort Collins. However, it is to be anderstood get FINAL
ACCEPTANCE is depedent upon completion of all applicable required inspection prmedums.
Freight Terms. Shipment must be, P.O.B., City of Fort Collins, 700 Wood SL, Fort Collins, CO 805R, adem
ometwue specified on This aides. If peamivsion is given as prepay Night mal charge separately. the original (might
ti lmustmcompaoy invoice. AdditivnlcaB"forpmking will notbasoc<pmd.
Shipment Distance. Wham manufacturers have didirbali., point, In various pans of the country. shipment is
expected from Me nearest dumibugon point IT, destination, and ecm Night will be deducted! from Invoice when
shipments eta made from getter dismace.
Permits. Seller shall procure at seller sale coal all necessary p.mies, car ificals ad houses mounted by all
applicable laws, mgu i ime, malmancce and cal. ofine use, mmicpelity, territory at Political mlefla ire wbera
Me work is permmed, ar required by any oNer duly confused public authority Iuvingjuddi.ion over Me work
of vendor. Seiler Pulse, agrees m hold me City of Fort Collins Marble, form and ageimt ill liability sued Ins
amounted by genre by mean of I. assure or "tablished violation ofany each loan, mgaeutiom, ordimruee, rules
and otmimmnu.
Audwrim ion. All ponies to thee torso ,an that the reprcsen viva are, in hct, Was file and possesa mil and
complete authority in bind said poor..
LRNITATION OF TERMS. This Purchase Older expresely limits acceptance to de temp and enditon saved
himins set form and my supplcmmmry or adi ... lesions and edition annexed hereto on incorporated bemin by
reference. My additioml on iffman, moan and condition proposed by seller are objected to real herby rejected.
2 DELIVERY.
PLEASE ADVISE PI3RCHASING AGENT immediately if you count make complete shipment as arrive an yom
pmmiaed delivery data m nand Time is of the.... Delivery ad performance... be effected within the time
stated on die pmclMom order and the documents Watched hereto. No mu of the Purcasen imluding, without
limitation, incipience ofpamd laic deliveries, shall Wemm m n wnivc, of M u provision. In the even of my delay,
die Purchaser shill have, m addition in oma legal ud equitable remedies, de opts.. of placing This oNer diewhem
and holding me Sailer liable for reneges. However, me Seller sail not the liable for demagca n a result of delays
den to rams, but setwoubly for"eeable which an beyond its censurable control and widened it fault of negligence.
such acts of God, acts of civil. military mlhodna, govrmmemal priodda, fires, etfikea Most. spidemise, wars or
show provided tat nonce of Re conditions taming such delay is given to The Purchaser within five (5) days of the
firm when me Seller first received knowledge tam( to Ore event of my such &toy. Me dam of delivery shall o
ulendcd for she period equal To die tlme inmnlly lost by aemav ofdee delay.
3. WARRANTY.
The Seller warrants fat all goods, anida, materials and work covered by this order will conform with applicable
drawings, specfs"nam, world. awlm omen description 8iver, will o fit far the mulares emended, end
performed wiN Me highest degree of care and competence in nccmdnme will, accepted nuWards for work of is
similar nature. The Seller agrees m hold die purchaser harmless tram any Tom, demogo or expense which to
Pumhmer many soil. or incur on account mf the Sellers baanch of wamny. The Seor,hall reflect, repair m make
good, without cost m des pmcaur my defecu or faults arising within one (I) year or within such longer peril of
nee as may a pr.cs xxt by law or by the mew ofany Mixable warranty provided by the Sell. spar the dote of
accepmvice of Me goods formation bemmder (asceptanec cut to be mareasorebly delayed), mulling Not imperfect
or defective work dam or mntcriale OMmished by the Seller. Aeepmme or use of goods by den Purchaser shall not
omfimm a waiver ofany claim under this warranty. Except as ameawlsa provided in this purchase order, the Sellers
liability Missouri Sall exled m ell demogs pmnimndy caused by die breach of any of No fortiori., wsnamses
or guummes, but such liability shall in no event include loan ofprofu or loss of we. NO IMPLIED WARRANTY
OR MIXs]3ANTABH.ffY OR OF FITNESS FOR PURPOSE SHALL APPLY.
4. CHANGES IN LEGAL TERMS.
The Purchaser may make lunge an legal emu by wrMon change amber
S. CHANGES IN COMMERCIAr, TERMS.
The Ponshoner may make any cleavgee to to terms. other gran legal once, including sddition h or deletion Rom
Me quantifies originally ordered se Me specification m drawings, by .,but or written Norge oNer. If my mushchange effects the amount due or the time ofpefformmec hereunder, conequ0 ditc adjustment Noll o nude.
6. TERhUNATIONS.
The Pumhmer They at any time by written change order, hwirem this ii mos ent as to any m all pinion of to
goods then not shipped, subject Is any muitable adjustment otwmn Me pone" as to my work or matedaE Then in
progress provided mat Me Pumhmer shall no, o liable for any claims for enticip.ted pro0ts on Ne uncampleaul
portion ofine goods andlor work, for incidental or mwequenfal damage, and That no such Ambient be made in
favor ofilm Seller with respec to my goads which am me Seller sTandmd amok. No such momentum shall relieve
Me Pmmhmer or me Seller army affair obdigetiam we to any goods delivered Maunder.
T. CLAIMS FOR ADJUSTMENT.
Any claim for adjustment must o asserted within thirty (30) days from to dote the change or nmhimtion as
S. COMPLIANCE WITH LAW,
The Seller warrant met all goods said hemander,ball have been produced, sold, delivered and famished in strict
compliance with all applicable law and regulations to which The goods am subject. The Seller Nall execute and
deliver each Manmmw in any be raryimd To eftos, or evidene compdimse.. All ]awe mad regulations required to be
mcoryomaed in agreement of this character ore hereby incorporated hemin by Oats re(etence. The Seller agree to
indemnify and hold Not Purchmm It..].. form all Comm rend damages suHemd by the Fortune, se a mash of the
Seller failure to comply with each law.
9. ASSIGNhdENT.
Neither rely shall assign, wester, or move, this order, or my =nice due or to become due hemunder without die
prior wnbeo common ofthe other perry.
IO. TITLE.
The Seilerwertmw Nil, clear and IMvmticted title To the Pumhmer for all equipment, mnfaials, and it. furnished
in perfamMmee of tlsia opointers, No .ad elm, of any end all Ilea, mTriNon, ...do., secunty intent
estimations. and dams father.
11. NONWAIVER.
Failure of The Pumhme, to mind upon amid performance of We menu and ... ditiom hartof, f llom or delay to
emir any dgh%or remedies provided hemin at by law, fm'lum m promptly, notify Me Salter in me avant of a
branch, the imminence of or payment for goads heremder or approval arrive design, shall at .].a the Seller of
My of the wamaties or abligadova of this i umhose order and shill not o doomed. waiver of my Tight of the
purchaser to mist upon strict performance oreafor any of its rights or remedies a to any each gouda, regardless
of when shipped, melvd or .,,led. v io my prior or vbsequenl defaull hereunder, ram shall any Forpeamd
road modification m rescission of this purchase order by the Pumhmer Werne as a waiver of any of the mrms
bend.
12. ASSIGNMENT OF ANTITRUST CLAMS.
Seller and me Pumhmer mogNm dint in antanl sconernic practice. overchwg. mulling from antitrust
violation am in fact home by the purchaser. Themtofom, for good mum and a consideration for mucafing this
purchase inane, the Sell. hereby essign as No Purchma may and all claims it may raw have or Moore,
scribed under Refund or state antitrust laws for such ovemMtges relnfiog m f particular goods or Strait"
pumm or acquired bythe Pumheser paramount To nit pumhme order.
13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS.
Ifthe Pumhes. directs We Seller to correct nonconforming or defective goods by a date to be agreed upon by me
Purchaser sad me Seller, and the Seller themaRer indium its inability a, mwillimgness lu comply. The Pumhmer
may cause the work to o perfomrd by the must expeditions memo available to it, and me Seller shell pay all
costs msacimd win each work.
The Seller ahall ml. to Pumhmer and it To. .. of any f. from all liability sand claims of my rerun
resulting foam the performance attach work.
Me release, shall apply even in We canal of fault of negligence of to perry released and Shill extend m me
directors, officer mad employee o stint party.
The Sellers contractual obligalion, i.]ad,, warranty, mall tat o deemed I. x reduced, in my way, become
such work is performed or caused to b, performed by Me Prwasar.
14. PATENT$.
Wanev. the Seller is required to was any design, device, material or procem covered by letter, patomt, wdereark
r mpyrieht. me Seller mail indemnify and save hamdes, Me PmclMmer from any and ell claims for inf ,Bona rat
by reason of The use of each patented deign, device, materiel or pmesa in connection with fa contract, and
,all indemnify the Purchaser for any cost, expense or damage which it may be obliged IT, pay by motion of such
infringement in any time Morin, Ore proeecatios or efts the coroida m of the work to code said equipment, or
any pan Mortar or den intended use of the goads, is in such suit alit to eomnmT, infdngmmrt and the use of
mid equipment or pan is enloinN, me Seller salt, st its own "penis and at its option, a deer prmme far to
purchaser the right to continue wing mid equipment or Farm, replace The same with substantially equal but
nmMkdringing alydpmrnM, or modify it se it ocoma monird'dnging
15, INSOLVENCY.
If die Seller shall bmorm molvem m or bankrupt, make assignment for den bereft of mothers. appoint a
receiver or bmtee for any not No Sellers property, or Manow, this order may fonfl wiTh be canceled by me
Pumhmer without liability.
16. GOVERNING LAW.
The definifion arouses used or Me interpretation ofthe agreement and Me rights of all parties November shall o
command under ad govamd by No law off Sum ofColmode, USA
The following Additional Condition apply only in case where the Seller is to perform work hereunder,
including die tarok" of Sailer Repmseeomnvc(e), m the premems ofadie..
IT. SELLERS RESPONSIBILITY.
The Sell. call carry an mid work et Sellers ow risk until des acme is fully completed and mrcpted, and call,
in case of any .ccidenk deswcrlan or injury to the work mdfor matedds ohm Sellers final ..,Too— and
acceptance, complele The work at Salk,, own separate and to the satisfaction of me Purcater. Wan materials
and equipmen, are famished by other for installation an ereNan by Me Seller, The Seller shall meive, indeed.
store and handle same at the site and became responsible themfor ere tough such mmmiob mdlor equipment
wortbeirtglassi Mdbydie Sellerand.meardor.
19. INSURANCE.
The Sellershall, 9 his own caption, provide tar the mymmt of worker compenedm, including occupational
M. bomefos. To its emplay. employed oa or in coanmlion with The work covered by This pwchme order,
submit to their dependents in accordance with the laws of the mile in which Me work is to IN done The Sella
shall elm carry empmhenrive general liability including, but not limited to, conwewl and amomnbile public
liability insurance with bodily injury and death limits oral least 3301L,W Amory tam T eram, S5W,000 for any
am incident and property damage limit Per accident of 5400,000. The Seger shill likewise require has
coulnumrs, If any, To provide for suit compensation and insurance. Befora any of de, Seller or has ismaa.on
employes Nell do my work upon the .is. of dxm, The Sella tall famish The Purchaar with. celfcam
tail such camps m dion end i...aice have been provided. Such celfrcam shall specify the dote w] m each
compensation and iwuaame have been provided. Such eclficma sell specify the date when such compensation
ad insurance capita. The Seller agrees Net inch eompensefion and insurance shall a mentioned mnl afre des
emir work is completed .,it ..pled.
19. PROTECTION AGAINST ACCIDENTS AND DAMAGES.
The Seller hereby msumet she on. r.pamibiliey and liability for myad all d.megc, has or injury army kind
or nature whatsoever to person or property caused by or mulling from den execution of me work provided for in
Nis purchom order or in connection 1Mesew th. The Seller will indemnify and ad Members to Purchaser amy
or all of Ow Purehmer a0'ner. 4.0 and employees fim and against any and it c].a., lames, dem.g",
charges or expenm, whether dint or hhdimf and whether to, parsorw or prop.ay in which to Purchncr my
o put or subject by reason of my act nation, neglect, omission or demult on the part of to Seller, my of his
contractors, or my of die Seller or contractors effects, agents or employee. In case my suit or other
pmmedingm shall be brought against the Purchaser, or its oMen., s tam or employes at any fine an.count or
by ranmn of any act, action, ingest, omision or default of the Seller of any of has conwcti n or my of its or
their officers, alone or employees as nfamvid, me Seller Mislay agree To assume the defense Mitterrand to
defnd den vane at to Sellers awn expene, to pay M, and .11 corm, chuB.. anamrys fee. and ether amemn,
any and ell judgment that may be incurred by or obtained ageing the Punhmar or any of its or Their offeen,
agent or employer in such suit or other proceedings, and in core judgment or other lien be plead upon or
obtained against the property of the Parchmm, or said pities in or as a muds of mch mile or Omer proceedings,
Tim Seller will of once curves the same too dissolved and discarged by giving bond oromemdse. The Seller and
has contractors shall take all safety retailers, rs, famish and imtll all Result necessary for the prevention of
accident, comply with all base, od rcgubfiom with regard to safety including, but wimaut limitation, the
Occupational Safety and Heads Act of 1930 and all sales ed regulation issud pursuant thereto.
Revised 03nOlO